IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.840/2014 Between:
1. K. Anand, S/o Krishnappa, Aged about 40 years, 2. Vijayalakshmi, W/o Krishnappa, Aged about 65 years, 3. K. Sushila, D/o Krishnappa, Aged about 27 years, All are R/at No.172/1, Anantharamaiah Compound, Chamrajpet, Bengaluru-560 018. ... Petitioners (By Sri. Mahesha.A.S, Adv.,) And:
1. State of Karnataka, Represented by Police Sub-Inspector, Chamarajpet Police Station, Chamarajpet, Bengaluru-18.
2. R. Jayalakshmi, W/o K. Anand, Aged about 21 years, R/at No.210, 83rd Cross, 1st Block, Kumaraswamy Layout, Bengaluru-560 078. ... Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R1; Sri. C.N. Raju, Adv., for R2) This Criminal Petition is filed u/s.482 of Cr.P.C praying to quash FIR and complaint in Cr.No.194/2013 of 1st respondent/Chamrajpet Police Station, Bengaluru dated 26.9.2013 and quash the proceedings in C.C. No.862/2014 on the file of I A.C.M.M., Bengaluru City.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Petitioner No.1-Sri.K.Anand and his counsel Sri. A.S. Mahesha are present. Respondent No.2 / Smt.R.Jayalakshmi and her counsel Sri. C.N. Raju are present. On behalf of respondent No.1-State, Sri. Vijaya Kumar Majage, Addl. SPP is present.
2. Petitioner No.1 and respondent No.2 have filed an application under Section 482 r/w Section 320 of Cr.P.C. seeking leave of the Court to compound the offences alleged against the petitioners under Section 498A of IPC and Section 4 of Dowry Prohibition Act. The application is duly signed by petitioner No.1 and respondent No.2 and their respective counsel. In the application it is stated that petitioner No.2 is no more. Further, it is stated that petitioner No.1 and respondent No.2 have settled their disputes amicably out of Court at the intervention of elders and well wishers and in terms of the said settlement, respondent No.2 has withdrawn all the allegations made against the petitioners.
3. Further, it is stated that, in view of the above compromise, petitioner No.1 and respondent No.2 have decided to live together without any quarrel and not to give room for any further allegations against each other.
4. Petitioner No.1 and respondent No.2 submit that the compromise recorded in the above application is free and voluntary and requests the court to accept the said compromise and quash the proceedings initiated against the petitioners. The parties are identified by their respective counsel.
5. Having regard to the above facts and circumstances and the said compromise being in the interest of both the parties, application is accepted. Petitioner No.1 and respondent No.2 are permitted to compound the above offences. Presence of respondent No.3 is dispensed with.
Consequently, the petition is allowed. Proceedings pending against the petitioners in C.C.No.862/2014 on the file of the I Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498A of IPC and Section 4 of Dowry Prohibition Act, are hereby quashed.
Sd/- JUDGE SV